Family Law Act 1986
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Change 1
10 Presence of child.
Subject to section 11 of this Act, an application for a Part I order otherwise than in matrimonial or civil partnership proceedings may be entertained by— (a) the Court of Session if, on the date of the application, the child concerned— (i) is present in Scotland; and (ii) is not habitually resident in any part of the United Kingdom; (b) the sheriff if, on the date of the application,— (i) the child is present in Scotland; (ii) the child is not habitually resident in any part of the United Kingdom; and (iii) either the pursuer or the defender in the application is habitually resident in the sheriffdom.
10 Presence of child.
Subject to section 11 of this Act, an application for a Part I order otherwise than in matrimonial or civil partnership proceedings may be entertained by— (a) the Court of Session if, on the date of the application, the child concerned— (i) is present in Scotland; and (ii) is not habitually resident in any part of the United Kingdom; (b) the sheriff if, on the date of the application,— (i) the child is present in Scotland; (ii) the child is not habitually resident in any part of the United Kingdom; and (iii) either the pursuer or the defender in the application is habitually resident in the sheriffdom.
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